# In the matter of Bourn Hall International Private Limited CA No. 519-2019 in CP (IB) No. 5-Chd-Hry-2019

> NCLT judgment dated 2020-05-29. Citation: TCN-2020-NCLT-01278. Bourn Hall International India Private Limited filed an application under Section 10 of the…

- **Court:** NCLT
- **Order date:** 29 May 2020
- **Citation:** TCN-2020-NCLT-01278
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bourn-hall-international-private-limited-ca-no-519-2019-in-cp-ib-no-5-chd-hry-20-7a2ecb23

## Summary

### Background

Bourn Hall International India Private Limited filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP). The company claimed it was facing a dire financial situation and had committed several defaults in its payments. The application was supported by documents including the master data of Bourn Hall, Form-6 signed by the director, and a resolution passed in the Extraordinary General Meeting (EGM). During the proceedings, a notice of defect was issued to Bourn Hall for not filing the Board Resolution. An intervention application was filed by RNY Healthcare Services Pvt. Ltd., claiming to be the landlord of Bourn Hall. They alleged that Bourn Hall was concealing true facts about its

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## Facts

Bourn Hall International India Private Limited filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP, claiming financial distress and defaults in payments. Bourn Hall operates the Bourn Hall Fertility Clinic in Gurugram, providing assisted reproductive technology services. The application was supported by documents, including Form-6, signed by Shri Gautam Chhabra, Director of Bourn Hall, and a resolution passed in the EGM held on 31.10.2018. The company's registered office is located in Gurugram. HDFC Bank Ltd. is the only financial creditor. There are 127 suppliers of goods and services. The company's financial statements as of 20.10.2018 showed a negative net worth. RNY Healthcare Services Pvt. Ltd., claiming to be the

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## Issues and analysis

### Issue 1: Whether the application filed by Bourn Hall International India Private Limited under Section 10 of …

**Ratio:** Section 10(4)(a) of the Code provides for admitting the application if it is complete and

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**Reasoning:** The NCLT determined that the application was complete and that the proposed Resolution

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**Interpretation:** Section 10 of the IBC outlines the conditions under which a corporate debtor

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**Application:** The NCLT found that Bourn Hall had committed a default, passed a special

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Respondents:** Bourn Hall…

## Timeline

- **2018-10-20 — Statement of…**: Statement of affairs as on 20.10.2018 filed,…
- **2018-10-30 — Notice of Boar…**: Notice given to Hoda Abou-Jamra for a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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